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_ o 0 CITY of ORONO ti RESOLUTION OF THE CITY 000NCIL NO. 5 6. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-330 to allow construction of a new residence on a lot containing 24,084 s.f. or 0.55 acre in area and 95' in width where 43,560 s.f. or 1.0 acre in area and 140' in width are normally required and a conditional use permit in order to conduct minimal land alterations within the 0-75' zone in conjunction with the removal of a lake-yard deck and restoration following removal, subject to the following conditions: 1. Council approval is based on the site plan and building plans submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan and building plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the level of 434 s.f. or 5.7%. Hardcover in the 75-250' zone shall be limited to 4,088 s.f. or 25% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicants are advised that any future requests to increase hardcover above 25% or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of the deck structure shall be completed by the footing inspection for the new home. The restoration of the area of the deck removal and installation of plant materials shall be completed prior to the issuance of a certificate of occupancy if not sooner. The restoration plan is attached as Exhibit B. Page 3 of 5